Virgil Wood, T. N. Burton, and O. C. Thaxton v. William Vaughan, Mayor

Fourth Circuit

Virgil Wood, T. N. Burton, and O. C. Thaxton v. William Vaughan, Mayor

321 F.2d 480, 1963 U.S. App. LEXIS 5000

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 12, 1963

Docket8689_1

StatusPublished

Cited by2 cases

This text of 321 F.2d 480 (Virgil Wood, T. N. Burton, and O. C. Thaxton v. William Vaughan, Mayor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Virgil Wood, T. N. Burton, and O. C. Thaxton v. William Vaughan, Mayor, 321 F.2d 480, 1963 U.S. App. LEXIS 5000 (4th Cir. 1963).

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Opinion

ALBERT V. BRYAN, Circuit Judge.

Since the argument of this appeal, the Supreme Court of the United States in Johnson v. Virginia, 83 S.Ct. 1053 has declared unconstitutional the segregation by race or color of persons attending a State court. While that decision was premised on a contempt charge, rather than upon an application for an injunction as in the appeal here, the facts in the two cases are not substantially different. The ruling there, of course, is to be followed by this Court.

Therefore, we must now vacate the District Court’s order sustaining the ap-pellees’ motion to dismiss, for the plaintiffs’ allegations, if proved, are sufficient for a final injunction. The action will be remanded for consideration in the light of the views we here express, if, indeed, any further proceedings become necessary. We are confident the complaint will become moot through compliance by the State Judges, appellees here, with the Supreme Court’s decision.

Remanded.

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ALBERT V. BRYAN, Circuit Judge.

Since the argument of this appeal, the Supreme Court of the United States in Johnson v. Virginia, 83 S.Ct. 1053 has declared unconstitutional the segregation by race or color of persons attending a State court. While that decision was premised on a contempt charge, rather than upon an application for an injunction as in the appeal here, the facts in the two cases are not substantially different. The ruling there, of course, is to be followed by this Court.

Therefore, we must now vacate the District Court’s order sustaining the ap-pellees’ motion to dismiss, for the plaintiffs’ allegations, if proved, are sufficient for a final injunction. The action will be remanded for consideration in the light of the views we here express, if, indeed, any further proceedings become necessary. We are confident the complaint will become moot through compliance by the State Judges, appellees here, with the Supreme Court’s decision.

Remanded.

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321 F.2d 480, 1963 U.S. App. LEXIS 5000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virgil-wood-t-n-burton-and-o-c-thaxton-v-william-vaughan-mayor-ca4-1963.

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